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Terms and Conditions of Use

Terms & Conditions: 1. By indicating the “I AGREE” check box below, you grant to The Montreal Gazette, a division of Postmedia Network Inc. and to Postmedia Network Inc., and their affiliated, related and associated entities, contractors and partners and licensors (whether affiliated or not) and each of their assigns and successors (together "Postmedia"), the non-exclusive and royalty-free right and license, (but not the obligation), in perpetuity, throughout the world, in any and all media now known or hereafter devised, to communicate to the public by way of unlimited public broadcast and/or telecommunication use of your Submitter Content or any part thereof, on the following (each a "Licensed Site"): (i) each and every internet web page located on any website, domain name, sub-domain or URL owned, operated or controlled by Postmedia now existing or to be created (including, without limitation, internet web pages located at the domain names westislandgazette.com, montrealgazette.com, canada.com or their successor websites) and however configured for any electronic distribution platform or device (whether now known or to be devised and including, without limitation, phones, pdas, pagers and other wireline and wireless enabled devices and applications); and (ii) each and every television station owned, operated, programmed and/or controlled by Postmedia in whole or in part (each a "Licensed Station"). You grant these rights to Postmedia free of charge. 2. You also grant to Postmedia, the non-exclusive and royalty-free right and license (but not the obligation), in perpetuity, throughout the world, in any and all media now known or hereafter devised, to use, reproduce, publish, display, and distribute your Submitter Content, or any part thereof, in each and every print publication (whether periodical or not) owned, operated, controlled, published or distributed, or commissioned by Postmedia (each a "Licensed Publication"). You grant these rights to Postmedia free of charge. 3. You represent and warrant that all of the Submitter Content you submit to Postmedia: (i) is wholly your original creation, that you own all right, title and interest (including copyright) therein to the full extent necessary to enable Postmedia to use the Submitter Content as provided for in this License, Release and Waiver and in the Terms and Conditions for the Site located at http://westislandgazette.com/termsandconditions ; (ii) does not contain any material that is libelous, defamatory, profane, obscene or that otherwise contravenes the Terms and Conditions for the Site; (iii) does not infringe upon the intellectual property or other statutory or common law rights of any third party, is free and clear of any and all claims, rights and obligations to any third party, that you have the right to grant to Postmedia the rights granted to us in this License, Release and Waiver, and that you do not require the consent of any third party (including any third party featured or included in photos you submit) and (iv) that there is no contract with any third party that could in any way interfere with Postmedia's rights under this license or require any payment to be made to anyone by Postmedia. 4. You hereby expressly waive, to the fullest extent permitted by law, any so-called "moral rights" which may now or may hereafter be recognized by legislative enactment or otherwise at law or in equity with respect to the Submitter Content. 5. As between you and Postmedia, Postmedia is the sole owner of all rights (including copyright) in the Licensed Sites, Licensed Stations and Licensed Publications and in this capacity shall have the right to use all Submitter Content in any manner in its sole discretion within the terms of this license, including, but not limited to the right to edit your Submitter Content to accommodate broadcast, broadcast distribution and publishing requirements and/or policies; and to add to, delete from, edit, alter and otherwise combine the Submitter Content with other content in any manner and in any media whatsoever. 6. You agree to indemnify and hold Postmedia harmless from and against all claims, demands, loss, liability, damages and expenses (including legal fees and disbursements), including actions for infringement of copyright, actions for defamation, actions for invasion of privacy and any other third party claim inconsistent with your representations and warranties or otherwise in connection with our use of your Submitter Content under the terms of this License, Release and Waiver. 7. If this agreement is terminated (by written notice), then you understand that Postmedia will continue to be able to use the Submitter Content previously submitted by you, as provided for by this License, Release and Waiver. 8. Except to the extent that they conflict with the terms contained in this License, Release and Waiver, the Terms and Conditions for the Site located at http://westislandgazette.com/termsandconditions apply to your Submitter Content and such Terms and Conditions are hereby incorporated into this License, Release and Waiver by reference. If those general Terms and Conditions conflict with the Terms and Conditions of this License, Release and Waiver, this License, Release and Waiver will govern. 9. This License, Release and Waiver shall be governed and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein, and the parties hereto expressly and irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario. 10. The parties hereby declare that they have required the present Licence, Release and Waiver to be drafted in the English language. Les parties déclarent par les présentes qu’elles exigent que la présente Licence, Autorisation et Renonciation soit rédigée en langue anglaise.

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